Académique Documents
Professionnel Documents
Culture Documents
Increased focus on
sustainability
Create sustainable
communities
Appropriate
environmental
management
Communication with
civil society/NGOs
Sound governance
corporate social
responsibility
Environmental Economics
Constitution
Constitution
Constitution
Constitution
TYPES OF MINING
PERMITS/CONTRACTS
1.
2.
3.
4.
5.
6.
7.
8.
9.
Exploration Permit
Mineral Agreement
Co-Production Agreement
3. Financial or Technical Assistance Agreement
4. Mineral Processing Permit
5. Industrial Sand and Gravel Permit (>5
hectares)
B.
to
Quarry Permit
Small-Scale Mining Permits
Sand and Gravel Permits (5 hectares & below)
20
EXPLORATION PERMIT
(EPs)
Allows the permittee to conduct exploration work for a
limited period only.
c.
Other Permits:
MINERAL PROCESSING PERMITS
Number
28
228
26
312
Proof of Sanggunian
Consultation/Approval
NCIP
Certification
Pre-condition
Filing of Application in
Regional Office
Certification of Publication/
Posting/Radio Announcement
Evaluatio
n
Clearance By DENR
Approval by MGB CO
Proof of Sanggunian
Consultation/Approval
NCIP
Certification
Pre-condition
Certification By Panel Of Arbitrators
Certification of Publication/
Posting/Radio Announcement
Filing of Application in
Regional Office
Evaluatio
n
Final Review By MGB CO
NCIP
NCIP
Certification
PreCertification
condition
Pre-condition
Certification By Panel Of Arbitrators
Certification By Panel Of Arbitrators
Certification of Publication/
Posting/Radio
Announcement
Certification of
Publication/
Posting/Radio Announcement
Filing of Application in
Regional Office
Evaluatio
n
Income Tax
= 35 % of Taxable Income;
Excise Tax
=
2 % of actual value of minerals extracted;
Customs Duties and Fees= prescribed under Tariff and Customs Code
Value Added Tax
= 10 % of Purchase Value of Goods/Services;
Capital Gains Tax
= 10-20 % of the gain;
Tax on Interest Payments to Foreign Loans = 15 % of Interest;
Tax on Foreign Stockholders Dividends
= 15 % of dividend
Royalties, if extracted from government Mineral Reservation = 5% of
market value;
Documentary Stamp Tax = graduated, depending on type of business
transaction
Local Government
EIS System
ENVIRONMENTAL PROVISIONS
ENVIRONMENTAL PROVISIONS. . .
ENVIRONMENTAL PROVISIONS. . .
ENVIRONMENTAL PROVISIONS. . .
Sustainable Development
Brundtland Definition of SD
IMPLIES:
Future generations have rights over resources
Current generation has a duty to include future
generations needs in its decision-making
An accounting of social and environmental
impacts
Who makes the call? Government, industry or
the free market?
Regional/Local Issues
Regional/Local Issues
Environmental
- Legacy issues
- No-go zones for environmental impact
projects
- No-go technologies
Small-scale mining
- Legal tenure
- Technical including safety and
environmental
- Conflict resolution (with commercial
mining)
Governance
- Transparency
- Revenue management
Others
- Human rights
- Indigenous people
- Impact on global climate change
IPRA
IPRA
No mineral agreement shall be
approved unless:
- There is prior certification from NCIP
that area does not overlap ancestral
domain or
- Prior free and informed consent has
been obtained from the ICC/IP
concerned
SOCIAL PROVISIONS
SOCIAL PROVISIONS. . .
SOCIAL PROVISIONS. . .
Benefits/Obligations to LGUs
LGUs entitled to 40% of the excise tax (Barangay
- 35%; Municipal - 45%; and Province - 20%)
Endorsement from LGUs required for mining
operations
Beneficiaries of social development projects
Lessons Learned
Lessons Learned
NEW PARADIGM
ON MINING
Promotion of responsible mining as an
64
67
Mandatory SDMP
Endorsement of LGU
required (Sec. 70)
Old Laws
No provision on recognition
and protection of IPs/ICCs
Insufficient social provisions
Government Management
Settlement of Conflicts
Income taxes
Excise tax on mineral products 2%
Mine wastes and tailings fees semiannual 0.05 / MT; 0.10/ MT
Occupation fees EP = P10 /ha;
MPSA = P100/ha; 30% to the
province and 70% to the municiplaity
Penal Provisions
Penal Provisions
Penal Provisions